LUXMIKANT POLITY CRUX NOTES-CHAPTER-42

Election Commission

Election Commission Permanent and Independent body – Art. 324 -Power od superintendence, direction and control of elections:

1.       President of India and vice- president of India

2.       S.L.

3.       Parliament

4.       For panchayats & Municipalities – state Election Commission

COMPOSITION –          Art. 324 – Election Commission = CEC + EC – as fixed by President.

–          Regional Commissioners for – appointed by President to assist EC

–          They hold office for a term of six years or until the age of 65.

Independence:

a.       CEC provided with security of tenure. – cannot be removed in any manner except same as SC judge – can be removed by President on the basis of a resolution passed by both houses with special majority.

b.       Ground of proved misbehaviour or incapacity

c.        Regional EC and other election commissioners – cannot be removed – except on recommendation of CEC.

Condition of service & tenure by POI Historical – 1850 to 1989-single body

16/10/1989 – POI, two election commissioner [Voting age 21-18]

↓                   ↓

Abolished       2 more appointment

1993–till current :– three election commissioner decision by majority salary/allow and /other

6 years/68 years/ can be removed before time.

Power & function with regard to E.C are 1.       To  determine territorial constituencies

2.       Revise electoral rolls & to register all eligible voters

3.       Date/scheduled/of election Recognisation of Political Parties.

4.       Symbol

5.       Dispute settlement

6.       Enquiry

7.       Code of conduct

8.       Advice POI for disqualification of MP.

–         governor for disqualification of MLA

9.       Cancel poll in event of rigging

10.    Ensure free and fair election.

11.    State election Feasibility/President Rule

12.    Registered parties

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